Anonymous wrote:Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

CPAP machine is that, a machine, like wheel chair, gurnee and crutches. I wouldn't think if you don't give out a prescription to the individual, suggest to them to match their own Rx or go to a sleep therapist for a Rx, why would it be illegal to sell?

Maturity is the ability to stick with a job until it's finished; the ability to do a job without being supervised; the ability to carry money without spending it; and the ability to bear an injustice without wanting to get even.

Ancient thread notwithstanding, secondhand stores and surviving family have sold medical items for ages.I have seen crutches, walkers, wheelchairs, mobility scooters, braces, and a hearing aid conditioner, most quite cheap.Many of these items appear on a prescription ONLY so INSURANCE WILL PAY FOR IT, as they are not narcotics.These sales are often the only access many have to the medical supplies they NEED.The "law" which is being discussed either does not exist, or is not aggressively enforced, because to do so would be foolish and asinine.

Maturity is the ability to stick with a job until it's finished; the ability to do a job without being supervised; the ability to carry money without spending it; and the ability to bear an injustice without wanting to get even.

Maturity is the ability to stick with a job until it's finished; the ability to do a job without being supervised; the ability to carry money without spending it; and the ability to bear an injustice without wanting to get even.

Guest wrote:Den: Regardless of where it's sold and who sells it, it's STILL a medical device in the eyes of the FDA as well as any attorney that may be interested in where his client purchased it, should an undesired event occur.

Someone selling their used CPAP in a garage sale is simply asking for trouble and not a very smart individual.

THESE ARE MEDICAL DEVICES PEOPLE!

The FDA doesn't regulate USED medical devices. They regulate manufacturers. States have the option to regulate used medical devices and in fact, many states restrict who can buy such things as used X-ray machines. However, other than California, I have not seen any state regulate the sales of used xpaps. What states DO regulate is who is allowed to change the settings on the machines. I can tell someone how to change their settings, but other than an immediate family member, cannot make those changes myself because I'm not a state authorized person.

I would also add that it seems used oxygen concentrators are ALSO not regulated. In the past, it was impossible to get the replacement supplies needed, but seems you can do so now if you pay out of pocket. Yay!

Note: California lists xpaps as 'dangerous medical devices' and it appears that this label remains attached even if you own the device. However, it could have been altered since then, so who knows (I don't live in CA, so not worth my time to pursue).

OK, I think we've given this old thread enough zombie life - it now glows!!